39
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 January 8, 2018
11 3:31 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR THOMAS D. CROCI, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
40
1 P R O C E E D I N G S
2 ACTING PRESIDENT CROCI: The Senate
3 will come to order.
4 I ask everyone present to please
5 rise as the Civil Air Patrol presents the colors.
6 Color Guard, parade the colors.
7 (The Color Guard entered the chamber
8 and, proceeding to the front, posted the colors.)
9 (Whereupon, the assemblage recited
10 the Pledge of Allegiance to the Flag.)
11 ACTING PRESIDENT CROCI: In the
12 absence of clergy, may we please bow our heads in
13 a moment of silence.
14 (Whereupon, the assemblage respected
15 a moment of silence.)
16 ACTING PRESIDENT CROCI: Would you
17 please remain standing as the colors are retired.
18 Color Guard, please retire the
19 colors.
20 (The Color Guard retired the colors
21 and exited the chamber.)
22 ACTING PRESIDENT CROCI: Reading of
23 the Journal.
24 THE SECRETARY: In Senate, Sunday,
25 January 7th, the Senate met pursuant to
41
1 adjournment. The Journal of Saturday,
2 January 6th, was read and approved. On motion,
3 Senate adjourned.
4 ACTING PRESIDENT CROCI: Without
5 objection, the Journal stands approved as read.
6 Presentation of petitions.
7 Messages from the Assembly.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: Yes,
16 Mr. President, I move that the following bill be
17 discharged from its respective committee and be
18 recommitted with instructions to strike the
19 enacting clause. That's Senate Bill Number 5476,
20 by Senator Murphy.
21 ACTING PRESIDENT CROCI: So
22 ordered.
23 SENATOR DeFRANCISCO: I also move
24 that the following bills be discharged from their
25 respective committees and be recommitted with
42
1 instructions to strike the enacting clause:
2 Senate 5170A and Senate 6596. And that's both by
3 Senator Felder.
4 ACTING PRESIDENT CROCI: So
5 ordered.
6 SENATOR DeFRANCISCO: Now would you
7 please recognize Senator Gianaris.
8 ACTING PRESIDENT CROCI: Senator
9 Gianaris.
10 SENATOR GIANARIS: Thank you,
11 Mr. President.
12 On behalf of our newest Senator,
13 Senator Kavanagh, I move that the following bill
14 be discharged from its committee and be
15 recommitted with instructions to strike the
16 enacting clause: Bill Number 7022.
17 ACTING PRESIDENT CROCI: It is so
18 ordered.
19 Senator DeFrancisco.
20 SENATOR DeFRANCISCO: Yes, there's
21 a privileged resolution, 3347, by Senator LaValle
22 at the desk. Please read it in its entirety and
23 call on Senator LaValle.
24 ACTING PRESIDENT CROCI: The
25 Secretary will read.
43
1 THE SECRETARY: Legislative
2 Resolution Number 3347, by Senator LaValle,
3 commending the Civil Air Patrol-New York Wing
4 Colonel Francis S. Gabreski Squadron upon the
5 occasion of presenting the colors at the start of
6 the session of the New York State Senate on
7 January 8, 2018.
8 "WHEREAS, It is the sense of this
9 Legislative Body to recognize that the quality
10 and character of life in the communities across
11 New York State are reflective of the concerned
12 and dedicated efforts of those organizations and
13 individuals who are devoted to the welfare of the
14 community and its citizenry; and
15 "WHEREAS, Attendant to such concern,
16 and in full accord with its long-standing
17 traditions, this Legislative Body is justly proud
18 to commend the Colonel Francis S. Gabreski
19 Squadron Color Guard from the Civil Air
20 Patrol-New York Wing upon the occasion of
21 presenting the colors at the start of the session
22 of the New York State Senate, to be held at the
23 New York State Capitol in Albany, New York, on
24 January 8, 2018; and
25 "WHEREAS, The Civil Air Patrol
44
1 enjoys a proud legacy of selfless sacrifice and
2 service to country and community that spans
3 decades; the organization was born one week prior
4 to the Japanese attack on Pearl Harbor; and whose
5 members serving in World War Two were awarded the
6 Congressional Gold Medal and
7 "WHEREAS, Thousands of volunteer
8 members of the Civil Air Patrol answered
9 America's call to national service and sacrifice
10 by accepting and performing critical wartime
11 missions; and
12 "WHEREAS, On July 1, 1946, President
13 Harry S. Truman signed Public Law 476
14 incorporating the Civil Air Patrol as a
15 benevolent, nonprofit organization; on May 26,
16 1948, Congress passed Public Law 557 permanently
17 establishing the Civil Air Patrol as the
18 auxiliary of the new United States Air Force; and
19 "WHEREAS, Three primary mission
20 areas were set forth at the inception of the
21 Civil Air Patrol: aerospace education, cadet
22 programs, and emergency services; and
23 "WHEREAS, Today, the Civil Air
24 Patrol handles 90 percent of inland search and
25 rescue missions, with approximately 75 lives
45
1 saved each year; its members are generally the
2 first on the scene transmitting aerial digital
3 images along with providing disaster relief and
4 emergency services following natural and manmade
5 disasters, including such events as 9/11,
6 Hurricane Katrina, Hurricane Irene, Tropical
7 Storm Lee, Texas and Oklahoma wildfires,
8 tornadoes in the south and central United States,
9 North Dakota flash flooding, and the October 2006
10 earthquake in Hawaii, as well as humanitarian and
11 homeland security missions along the
12 United States and Mexican border; and
13 "WHEREAS, In response to the
14 devastating effects of Hurricane Sandy, the Civil
15 Air Patrol's New York Wing promptly reacted by
16 flying 373 damage assessment sorties and
17 providing 143,360 aerial photographs to New York
18 disaster relief organizations, FEMA, and the Army
19 Corps of Engineers; providing air transportation
20 throughout the affected region for disaster
21 response teams; deploying 30 volunteers to assist
22 with shelter operations conducted by the New York
23 City Office of Emergency Management; and
24 installing 40 volunteers to assist the Red Cross
25 with the logistics of relief supplies; and
46
1 "WHEREAS, In addition, Civil Air
2 Patrol members are dedicated to counterdrug
3 reconnaissance and to teaching a new generation
4 about aerospace and its impact on our future; its
5 cadet programs ensure our youth receive the
6 finest leadership training the nation has to
7 offer; and
8 "WHEREAS, The members from the
9 Colonel Francis S. Gabreski Squadron Color Guard
10 Civil Air Patrol-New York Wing include: 2nd Lt.
11 Craig Markowitz, 1st Lt. Amie Shapiro-Markowitz,
12 C/2nd Lt. Ailysch Markowitz, C/2nd Lt. Kerri
13 Campbell, C/2nd Lt. Mairead Riley, C/CMSgt.
14 Christopher Riley, C/MSgt. Adrian Morales,
15 C/SSgt. Carlos Morales, Lt. Col. Patrick Magee,
16 Lt. Col. Thomas Carello, Lt. Col. Benjamin Nodar,
17 and Lt. Col. John Jones; and
18 "WHEREAS, The Civil Air Patrol makes
19 a huge impact each and every day, going above and
20 beyond to make a profound difference in
21 America's communities; and
22 "WHEREAS, This occasion presents a
23 unique opportunity for this Legislative Body to
24 recognize and pay tribute to the members of the
25 Civil Air Patrol-New York Wing Colonel Francis S.
47
1 Gabreski Squadron Color Guard; and
2 "WHEREAS, It is the sense of this
3 Legislative Body that when organizations of such
4 noble aims and accomplishments are brought to our
5 attention, they should be recognized by all the
6 citizens of this great Empire State; now,
7 therefore, be it
8 "RESOLVED, That this Legislative
9 Body pause in its deliberations to commend the
10 Civil Air Patrol-New York Wing Colonel Francis S.
11 Gabreski Squadron Color Guard and its members
12 upon the occasion of presenting the colors at the
13 start of the session of the New York State Senate
14 on January 8, 2018; and be it further
15 "RESOLVED, That copies of this
16 resolution, suitably engrossed, be transmitted
17 to Lieutenant Colonel Thomas Carello, New York
18 Wing Commander, Civil Air Patrol, and the
19 aforementioned members of the Colonel Francis S.
20 Gabreski Squadron Color Guard Civil Air
21 Patrol-New York Wing."
22 ACTING PRESIDENT CROCI: Senator
23 LaValle on the resolution.
24 SENATOR LaVALLE: Thank you,
25 Mr. President.
48
1 I'd like to thank our cadets for
2 opening up our session: Craig Markowitz, Mairead
3 Riley, Christopher Riley, and Patrick Magee.
4 Thank you very much. And also for making the
5 trip up to Albany from Long Island -- the far end
6 of Long Island.
7 The Civil Air Patrol, as was
8 mentioned in the resolution, is to enhance and
9 teach about aerospace education, to inculcate
10 what people need to become leaders in their
11 community, and to deal with emergency services.
12 So you looked great, cadets, and
13 thank you again for opening our legislative
14 session. This is the second week that we're here
15 in Albany, so you're starting off the legislative
16 process. And I hope you will follow it to the
17 end, which should end sometime at the end of
18 June.
19 So congratulations.
20 (Applause.)
21 ACTING PRESIDENT CROCI: Senator
22 Seward on the resolution.
23 SENATOR SEWARD: Thank you,
24 Mr. President.
25 I'm very honored to be joining
49
1 Senator LaValle to stand today to recognize the
2 members of the Colonel Francis S. Gabreski
3 Squadron. You know, in recent years it has
4 become, I think, a great tradition here in the
5 State Senate to have, early in the session, one
6 of our first sessions in the year, to have the
7 Civil Air Patrol Color Guard come to the Senate
8 chamber to present the colors in such fine
9 fashion. Having you here today truly enhances
10 the start of our legislative session.
11 The Civil Air Patrol is an integral
12 unit that does great work year-round, supporting
13 various disaster relief entities throughout our
14 state and throughout this nation, for that
15 matter. The Civil Air Patrol makes a real
16 difference in a time of crisis here in New York,
17 and we know that all too well. The Civil Air
18 Patrol fulfilled key roles during our response to
19 the disastrous 9/11 attacks, the natural disaster
20 problems such as Hurricane Sandy. Whenever there
21 is a disaster of any type, the Civil Air Patrol
22 is there to offer support and assistance.
23 But in addition to this very, very
24 essential role that the Civil Air Patrol plays,
25 it also encourages activities to help develop
50
1 fine young men and women and help to shape them
2 into responsible citizens through the phenomenal
3 cadet program. The Color Guard team that we are
4 honoring today is a fine example of one of the
5 best parts of the Civil Air Patrol's cadet
6 program, and my hat is off to each and every one
7 of you for participating as well as the
8 leadership of the Civil Air Patrol.
9 And I'm very sorry that Lieutenant
10 Colonel Andrew Little, who is one of my
11 constituents from Oneonta, was unable to attend
12 today's ceremony because of health concerns. He
13 helped to start this continuing tradition of
14 bringing cadets to the State Senate during the
15 first week of session, and I know he is very
16 sorry to miss today's presentation of colors.
17 And I'm certain that he would be
18 extremely proud to stand shoulder to shoulder
19 with this group of extraordinary cadets and the
20 outstanding group of leaders that we have here in
21 the chamber with us today. This is exactly what
22 Lieutenant Colonel Little envisioned when he
23 first came to me a number of years ago with the
24 idea of bringing the Civil Air Patrol cadets to
25 present the colors on the floor of the New York
51
1 State Senate.
2 So I stand to offer my heartfelt
3 congratulations to all of you and to say, on
4 behalf of my constituents, thank you for all that
5 you do for the people of the State of New York.
6 Thank you, Mr. President.
7 ACTING PRESIDENT CROCI: Senator
8 Little on the resolution.
9 SENATOR LITTLE: Thank you,
10 Mr. President.
11 I echo the comments of my colleagues
12 who have spoken before me. But I really would
13 like to thank all of those who have been involved
14 in the Civil Air Patrol for what they have done
15 to encourage young people to get a taste of the
16 type of life of the Civil Air Patrol -- the
17 volunteerism, the military aspects that these
18 young cadets learn.
19 And I'm so pleased to see not only
20 young men but young women today who are
21 participating in the Civil Air Patrol. They
22 learn about leadership, but they also learn about
23 the opportunities that are available to them in
24 future military service. And I wish I had had
25 that when I was younger; that's one of my
52
1 regrets, that I never was in the military.
2 Thank you for being here, but thank
3 you for being the leaders and bringing these
4 opportunities to these young men and women
5 throughout the state.
6 Thank you.
7 ACTING PRESIDENT CROCI: Senator
8 DeFrancisco on the resolution.
9 SENATOR DeFRANCISCO: Yes, first of
10 all, I want to congratulate the Color Guard. I
11 was in the Air Force for four years, so I saw a
12 lot of Color Guards, and I've seen a lot of Color
13 Guards here. You were flawless. Outstanding,
14 outstanding job.
15 Number two, Lieutenant Colonel
16 Thomas Carello is here from my district, and I
17 wanted to welcome him.
18 And lastly, I participated in a
19 ceremony where a young man, a 17-year-old man by
20 the name of Brian Williams -- not the newscaster,
21 17-year-old Brian Williams -- who won the top
22 award for Civil Air Patrol, the Spaatz Award,
23 which one out of a thousand throughout the whole
24 country is capable and has been honored with this
25 award. And it was a fantastic ceremony, and I
53
1 got to talk to many young people like yourselves
2 who are doing great things and are going to be
3 the leaders of tomorrow.
4 The one thing I'm concerned about, I
5 noticed a couple of the people in the Color Guard
6 are my size. Brian was my size when I first met
7 him; now he's about 6'2". So if you're going to
8 win the award and you want me to present it, stay
9 closer to the ground, okay?
10 (Laughter.)
11 SENATOR DeFRANCISCO: So
12 congratulations again, and thank you for all the
13 great things you do.
14 ACTING PRESIDENT CROCI: All
15 members wishing to be heard, the question is on
16 the resolution. All in favor please signify by
17 saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT CROCI: Opposed,
20 nay.
21 (No response.)
22 ACTING PRESIDENT CROCI: The
23 resolution is adopted.
24 Members of the Gabreski Squadron, we
25 extend to you our welcome and thanks for your
54
1 presentation of the colors here today, and we ask
2 you all to please stand and be recognized by this
3 body.
4 (Standing ovation.)
5 ACTING PRESIDENT CROCI: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: Would you
8 open the resolution up for cosponsorship.
9 ACTING PRESIDENT CROCI: The
10 resolution is open for cosponsorship. If you
11 would like to be a cosponsor, please notify the
12 desk.
13 Senator DeFrancisco.
14 SENATOR DeFRANCISCO: I believe
15 we're now ready to receive the unabridged
16 versions of the opening statements for today.
17 And would you please first call on Senator
18 Stewart-Cousins for her remarks.
19 ACTING PRESIDENT CROCI: Very good.
20 Senator Stewart-Cousins.
21 SENATOR STEWART-COUSINS: Thank
22 you, Mr. President.
23 And once again, it's good to be
24 back. You know, it seems like the time between
25 the recess and its beginning again gets shorter
55
1 and shorter. And it also seems to be getting
2 colder and colder. So I am happy to be back, and
3 I'm hoping that our activity here will bring
4 spring along really, really quickly.
5 I want to start, obviously, by
6 saying that we are looking forward to working
7 with Governor Cuomo and our partners in the other
8 house, especially Speaker Heastie, who I want to
9 thank for his hard work and his dedication to the
10 state, and obviously our partners right here:
11 Senator Flanagan, Senator Klein. I'm looking
12 forward to working productively with you as we
13 tackle the issues that face us.
14 Obviously this will be, I'm sure we
15 know, an interesting year. We're in this chamber
16 in our seats, ready to work. And who knows? By
17 the end of the session, we may all be in
18 different seats. But our goal, no matter where
19 we are, no matter where we're sitting in this
20 chamber, is to serve the people we represent.
21 A new year and a new session should
22 serve as a restart button and a time to refresh
23 our commitment to the great state.
24 Today is unusual for me because I
25 stand here wearing all black, and I stand here
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1 wearing black in solidarity with women
2 everywhere. It's Hollywood, it's Wall Street,
3 and we have to be clear, it's here in government
4 as well. I think every woman in this chamber has
5 had their own "me too" moment. And for those in
6 our workforce now and for our future workforce,
7 that has to stop.
8 Last week I got to talk with the
9 founder of the #MeToo movement, Tarana Burke.
10 She was up here for the State of the State. And
11 we talked about this moment and what this moment
12 in time means for all of us. I know what it
13 means for us in this chamber. It means that we
14 have to deal with the scourge of sexual
15 harassment in the workplace. It means that we
16 cannot let this moment elude us, we can't let
17 this movement pass us by.
18 Last year I had an opportunity to
19 work with Saru Jayaraman, the founder and the
20 president of Restaurant Opportunities Centers
21 United, called ROC, as we drafted our tip workers
22 bill. She was even at the Golden Globes last
23 night as a guest of Amy Pohler.
24 When we worked together, Saru
25 pointed out that 70 percent of tip workers are
57
1 women. So let's be clear. These movements are
2 connected. So when we deal with sexual
3 harassment, we also have to deal with our tip
4 workers, we have to pass our tip workers bill.
5 We need to get this done immediately.
6 These are easy things that will
7 change the lives and change the trajectory of so
8 many mostly women workers and really, really
9 allow us, as we work towards our package, to
10 protect everyone in the workplace, certainly the
11 lowest-wage workers. We need to get this done
12 this year.
13 This last year we've seen an
14 administration in Washington that has continually
15 attacked our rights and our values. New York
16 must serve as a bulwark against these
17 policies that are hurting everyday New Yorkers.
18 We have so many policies that we must pass that
19 would allow us to serve as that bulwark.
20 So let's pass real reforms to our
21 voting system so New York is no longer at the
22 back of the pack in voter engagement. We have to
23 implement early voting. We have to combat voter
24 suppression. We have to make registration to
25 vote easier. Things that my conference -- this
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1 conference, the Democrats -- have introduced for
2 years.
3 We must pass the Voter Empowerment
4 Act that we introduced last year. Let's finally
5 make Albany an example of good government.
6 We have to restore the public's
7 trust by restricting outside income, closing the
8 LLC loophole, shining a light on how campaign
9 funds are used and ending the practice of using
10 these accounts as personal ATMs.
11 We have to continue to build our
12 economy and create more jobs. We have a national
13 government that has been vindictively using tax
14 laws to punish our state. We must find ways to
15 stop this from happening and work towards
16 lowering our tax burdens.
17 We have to reduce the mandates on
18 governments, and we must help our small
19 businesses thrive.
20 We have to stand up for the health
21 and equality of women in New York. We need to
22 recognize once and for all that women's
23 rights are human rights. And that means we have
24 to pass the Reproductive Health Act and our
25 Comprehensive Contraceptive Care Act.
59
1 (Unidentified member clapping.)
2 SENATOR STEWART-COUSINS: Yeah, go
3 ahead. Only one? Come on. Come on.
4 (Laughter, applause.)
5 SENATOR STEWART-COUSINS: Let's
6 make sure that our children and every New Yorker
7 has access to quality affordable healthcare.
8 Let's make sure that all of our New York children
9 have access to quality education they deserve and
10 that all of our children have access to
11 affordable quality higher education. And by the
12 way, it's time to make the DREAM real.
13 Let's continue to pass smart and
14 commonsense gun laws. We must take guns from
15 domestic abusers, require gun dealers to sell
16 only child-proof weapons, and finally implement
17 the ammunition database which was mandated by the
18 2013 New York SAFE Act.
19 Let's invest in our crumbling
20 infrastructure, especially the MTA, and truly
21 make New York the Empire State.
22 My colleagues, I know this is an
23 ambitious agenda, but it's one that is crucial to
24 the well-being of New York State. So,
25 Mr. President, thank you for indulging me. And
60
1 again, the Democratic Conference, each and every
2 one capable and ready, will be standing with our
3 colleagues to work with all Senators, regardless
4 of party affiliation, to get the job done.
5 So let's get to work. Thank you.
6 (Standing ovation.)
7 ACTING PRESIDENT CROCI: Senator
8 DeFrancisco.
9 SENATOR DeFRANCISCO: Would you
10 please recognize Senator Klein.
11 ACTING PRESIDENT CROCI: Senator
12 Klein.
13 SENATOR KLEIN: Thank you,
14 Mr. President.
15 Thank you, Senator Cousins. Thank
16 you, Senator Flanagan. And I want to especially
17 thank my colleagues in the Independent Democratic
18 Conference.
19 You know, every year the IDC -- and
20 this past week was our seventh anniversary --
21 puts forth a robust budget agenda. We're doing
22 the same -- and actually, we put that forth two
23 weeks ago, which we're entitling "One
24 New Yorker." Because after all, from the Bronx
25 or Buffalo, from Staten Island or Syracuse, we're
61
1 really only one New York.
2 And I think it's important -- and
3 I'm glad Senator Cousins mentioned it, and I know
4 Senator Flanagan will as well -- that we really
5 move forward as one. I think during these very
6 tough budget times it's more important than ever
7 that the budget should not be politicized, but
8 prioritized to address the needs of every
9 New Yorker. And that's what we actually did here
10 again.
11 We're going to address issues like
12 reducing student debt. We're going to encourage
13 individuals to become teachers by reducing their
14 student loans and debt. We want to have more
15 doctors in rural areas in New York State. We're
16 really addressing each and every New Yorker as
17 one.
18 But I just want to highlight, you
19 know, some of the major portions of our very long
20 and comprehensive budget proposals. I think
21 everyone knows that the subway system, especially
22 in New York City, is in total chaos. It's
23 hurting our individuals who rely on public
24 transportation each and every day to go to work
25 and to go to school. It's actually going to
62
1 lead, unless we do something about it, to a
2 financial crisis, especially among our small
3 businesses.
4 Well, the Independent Democratic
5 Conference several weeks ago put forth a Rider
6 Relief Plan which would fund infrastructure
7 upgrades now while keeping commuters safe,
8 stopping a future fare hike, bringing fair fares
9 to low-income riders, and slashing skyrocketing
10 express bus fares in half.
11 I think we all know by now that the
12 first phase is making sure that the MTA gets the
13 $836 million for infrastructure. That's for new
14 signals and new tracks and new workers. That's
15 the first step. We can't do anything else unless
16 we make those repairs. Later on, we have to look
17 for ways to maintain that, to make sure it
18 doesn't fall into disrepair again.
19 The MTA and the state, of course,
20 has come up with half. I think it's important,
21 during these tough fiscal times for the state --
22 and I think everyone who lives in New York City
23 knows how important it is to have a mass transit
24 system that works -- that the city pay their fair
25 share. My proposal is to actually take less than
63
1 6 percent of the $7 billion that the city
2 collects in sales tax for half of that money.
3 That's a one-shot. This is not going to happen
4 year after year. Because once we get those
5 repairs made for that MTA infrastructure, then we
6 can move on to the next plan, to make sure the
7 ridership is affordable.
8 You know something, I don't think
9 there's any secret in this house that I've been
10 one of the leaders behind speed cameras and
11 making sure that each and every school in our
12 city has speed cameras. Well, you want to know
13 something? Today the mayor of the City of
14 New York announced that we have the safest city
15 now as far as pedestrians being hit by cars since
16 1910, when there was probably horse and buggies
17 on the streets of Manhattan.
18 Speed cameras work. They save
19 lives. The way it works is very simple. You put
20 a speed camera up at a school, you get a ticket,
21 you don't do it again. I wish I had a dollar for
22 every time one of my constituents came to me and
23 said "I just got a ticket by a school because I
24 didn't know there was a speed camera." I say,
25 "Well, now you know, and you won't speed at the
64
1 school."
2 That's very simple. We all know the
3 purpose is to save lives. But at the same time,
4 there is a $50 ticket. I'm not raising the price
5 of the ticket. I just want to use that money for
6 commonsense approaches to make ridership in the
7 MTA more affordable. I want to make sure that
8 people who make under $27,000 can get a
9 half-price discount, as we give to senior
10 citizens. I want to make sure that express bus
11 riders that are in my district and Tony's
12 district and Diane's district, probably all of
13 our districts in the city, who rely on those
14 express buses to get to Manhattan -- it's
15 presently $6.50; I want to cut it in half.
16 I also want to use a portion of that
17 money to make sure there is not a toll increase
18 in 2019. Everyone is talking about it. Well,
19 you want to know something? We can't put another
20 burden on hardworking New Yorkers and increase
21 the toll. We want to use those proceeds the
22 right way, by giving it back to the rider.
23 I know Senator Cousins mentioned and
24 the Governor mentioned and John Flanagan knows as
25 well, taxpayers are under siege. What the tax
65
1 policy does to New Yorkers that was just passed
2 by Congress is devastating. It's devastating to
3 middle-income taxpayers.
4 You know, I know my neighbors in the
5 suburbs or even parts of my district in the
6 suburbs pay high property taxes. There's very
7 few people who say that they pay under $10,000.
8 People in the City of New York have the dubious
9 distinction of paying a city income tax. They're
10 paying a higher tax. Taking away that deduction
11 is going to devastate homeowners. Taking away
12 that deduction is going to devastate the middle
13 class.
14 Well, I think the state should
15 shoulder some of the burden. What I want to do
16 is let individuals enjoy that $10,000 deduction.
17 Anything over that deduction and your salary is
18 under $200,000 a year, you should be able to take
19 off the difference in your state taxes. That's
20 how we shoulder the burden of what the federal
21 government just did to the hardworking taxpayers
22 in New York.
23 I also want to help seniors. You
24 know, we have a very good program here in
25 New York -- in New York City, I should say --
66
1 called the SCHE program. It's the Senior Citizen
2 Homeowner Exemption. Senior citizens, if they
3 meet a certain income level, can save up to
4 50 percent on their property taxes. We just
5 raised the eligibility last year to $58,000. We
6 need to make that a statewide program. Why are
7 we only allowing New York City homeowners who are
8 senior citizens to enjoy a benefit? We should
9 expand this program statewide and make sure that
10 senior citizens who are living on a fixed income
11 can cut their property taxes in half.
12 Finally, I also want to agree with
13 Senator Cousins that I think it's important that
14 we finally do voter reform. You know, when I
15 take a step back and I try to look at things --
16 because I really do believe in governing in a
17 bipartisan fashion -- I don't understand why this
18 can't be a bipartisan issue. Blue California has
19 voter reform, red Texas has voter reform. And
20 the only thing we're doing is enhancing our
21 democracy. I think it's good for all of us if we
22 encourage individuals to vote.
23 I think we need to have a 14-day
24 early voting program. I think we have to create
25 no-excuse absentee voting. And a piece of
67
1 legislation that I introduced years ago allows
2 17-year-olds to register, and when they turn 18,
3 they can automatically vote. Again, that's how
4 you encourage young people to get involved in
5 politics or at least do their civic duty.
6 You know, there's a lot of other
7 things that myself and my colleagues are going to
8 be highlighting in the weeks ahead leading up to
9 the budget. But I think it's extremely important
10 that this year, more than any other year, we join
11 forces, we work together to protect the
12 hardworking taxpayers of New York State.
13 Thank you, Mr. President.
14 (Standing ovation.)
15 ACTING PRESIDENT CROCI: Senator
16 DeFrancisco.
17 SENATOR DeFRANCISCO: Will you now
18 please call on Senator Flanagan.
19 ACTING PRESIDENT CROCI: Senator
20 Flanagan.
21 SENATOR FLANAGAN: Thank you,
22 Mr. President.
23 Thank you, Senator DeFrancisco, and
24 my colleagues Senator Stewart-Cousins and
25 Senator Klein.
68
1 I always try and provide a little
2 human aspect. Everyone tries to, I think. But I
3 want to just mention there's a gentleman sitting
4 up on the rostrum named Chris Cook. Chris is
5 looking and going, What is going on here? He
6 is -- I just found out that he celebrated his
7 40th wedding anniversary and is serving in his --
8 no?
9 THE SECRETARY: At work.
10 SENATOR FLANAGAN: Oh, all right.
11 Okay. -- 41st session.
12 So, Chris, thank you for the work
13 that you do. I think everyone appreciates your
14 professionalism.
15 (Standing ovation.)
16 SENATOR FLANAGAN: Chris, we just
17 figured out that you're losing money working, but
18 we do appreciate you being here.
19 (Laughter.)
20 SENATOR FLANAGAN: So I want to
21 focus on a couple of basic things and start off
22 with our theme for this year is -- I'm looking
23 right at Senator Ortt -- affordability,
24 opportunity, and security.
25 And it's interesting, whether you're
69
1 from the Southern Tier or Central New York or the
2 North Country or a great community like Oneonta,
3 as Senator Seward spoke of before, I think our
4 colleagues or our taxpayers and our residents are
5 all kind of looking for the same thing. And
6 we're at a juncture where that's why we're going
7 to keep talking about this. We want to have
8 people moving into New York, not moving out. And
9 we have an out-migration that is really
10 problematic. Really problematic.
11 People want very basic things. They
12 want a good quality of life. They want to be
13 able to, you know what, maybe at the end of the
14 week, go out for dinner and not have to worry
15 about can I put gas in my car, or am I going to
16 be able to pay my rent and stuff like that. It
17 is tough, it's still too tough. Too tough.
18 So our focus is on some very basic
19 things. Number one, we think the property tax
20 cap should be made permanent. It's proven to be
21 very effective, very effective. So we should
22 make it permanent. A spending cap for the State
23 of New York. We've had this self-imposed cap
24 since Governor Cuomo became governor, but the
25 only house that ever passes a spending cap is
70
1 this house. It doesn't happen in the Assembly,
2 and we still haven't seen that proposal from the
3 Governor.
4 So if we're going to be able to
5 control spending, a prudent, wise way to do so is
6 to enact a state spending cap. And again, to
7 make the property tax cap permanent.
8 Now, the numbers will differ
9 depending upon who is speaking, but clearly a
10 property tax cap has saved taxpayers all across
11 New York billions, billions of dollars. And the
12 world did not come to an end. In fact, we've
13 made huge investments in higher education. We've
14 made lots of investments in education. We've
15 made lots of investments in economic development.
16 So we've proven that some of these things that
17 people find, you know, verboten or anathema are
18 really not that big a deal and we should just do
19 them.
20 So when I listened to the Governor's
21 speech last week, it was -- boy, was it
22 ambitious. There was a lot of stuff in there.
23 But I heard a lot more about the federal
24 government than I did about New York State
25 government. And I want to talk about New York
71
1 State government, because that's where we all
2 work.
3 And when we're going to focus on
4 New York, it's got to be about jobs and jobs and
5 jobs and economic development, the small business
6 owner, the person who runs the bakery, the nail
7 salon, the auto repair facility. Those are the
8 people we need to help. So we're going to have a
9 very, very maniacal focus coming out of our
10 conference on issues like that.
11 Now, I've had a good opportunity to
12 be able to do some traveling. And I'm going to
13 use Chris Jacobs, who spoke about a company,
14 Confer Plastics, who said it costs them
15 three-quarters of a million dollars more to do
16 business in the State of New York, and about
17 $650,000 of that comes from additional energy
18 taxes. So we need to lower our energy taxes so
19 people can afford to live here.
20 And when we travel around -- I don't
21 think I'm any different than anybody else. This
22 is where I feel we are missing some golden
23 opportunities. People feel like it's death by a
24 thousand cuts, that there's too many regulations,
25 too many burdens, it's still too hard to do
72
1 business. And why? These are things that we can
2 fix that don't cost any money. At a time where
3 we're having great difficulty financially, there
4 are so many ways, so many ways we can help
5 people.
6 I look at Murph, Senator Murphy,
7 respectfully. Okay? His colleague sitting right
8 next to him, George Amedore. George is a
9 successful small business owner, but he talks
10 about how hard it is to do business here in the
11 State of New York. We need to fix that. We need
12 to fix it.
13 Senator Klein laid out an ambitious
14 agenda. I was thinking -- Jeff, I have to say
15 when you made the reference to horse and buggies,
16 that's kind of how it feels to get across
17 Manhattan anytime when you're in there.
18 (Laughter.)
19 SENATOR FLANAGAN: I think we all
20 know that.
21 But with regard to the MTA, they
22 clearly need our help. But so does Rochester.
23 So do other places across the State of New York.
24 So we have to be mindful that we're always
25 focusing on the broad -- as was mentioned, the
73
1 broad set of circumstances for New Yorkers. And
2 yes, Senator Valesky, we do care about Syracuse
3 as well. I don't want you to feel left out.
4 So again, affordability,
5 opportunity, security. Those are going to be our
6 themes. We will work very closely with our
7 colleagues.
8 Now, lastly, but tremendously,
9 tremendously important is the whole notion of
10 workplace discrimination, sexual harassment. You
11 know, I think of this through a prism of
12 children, grandchildren, seniors. It affects
13 everybody. It affects everybody.
14 Now, to be clear, in this house
15 we've already taken additional steps. We're
16 giving additional training to our session
17 interns, the people who are in our fellows
18 program. And instead of doing it every other
19 year or when an employee just starts, it's going
20 to happen all the time. I had outside counsel
21 hired to review our practices in the Senate to
22 find out what we did well and frankly to find out
23 what we can do better. And that's in the process
24 of being implemented.
25 So this is an issue that is a
74
1 scourge upon our society, like opioid and heroin
2 addiction and things like that, and it has to be
3 addressed. And it has to be addressed in this
4 session in a timely fashion, but we'd better get
5 this right. We'd better think long and hard --
6 well, maybe not too long, Senator
7 Stewart-Cousins. But maybe we should just think
8 very carefully and clearly about what appropriate
9 public policy can we enact to protect everyone in
10 New York, everyone, who all deserve that
11 protection.
12 So it's an issue that we all care
13 about and take very seriously. I look forward to
14 working with Speaker Heastie, with the Governor,
15 with my colleagues. And you know what we're
16 going to do too? We're going to ask hard
17 questions. We're going to ask hard questions.
18 Because when we're spending the amount of money
19 that we do, that's exactly what we should be
20 doing. Whether it's the MTA and the city's
21 contribution or something else like that, those
22 are the things that should be done as part of our
23 legislative duties.
24 So to all of you, as always, I
25 appreciate your willingness to listen to me. I
75
1 look forward to a very productive year. And
2 Godspeed to everyone. Thank you.
3 (Standing ovation.)
4 ACTING PRESIDENT CROCI: Senator
5 DeFrancisco.
6 SENATOR DeFRANCISCO: Can we please
7 return to motions and resolutions, please.
8 ACTING PRESIDENT CROCI: Motions
9 and resolutions.
10 SENATOR DeFRANCISCO: I move that
11 the following bill be discharged from its
12 respective committee and be recommitted with
13 instructions to strike the enacting clause.
14 That's Senate Bill 6543, by Senator Little.
15 ACTING PRESIDENT CROCI: So
16 ordered.
17 SENATOR DeFRANCISCO: Would you
18 please call on Senator Gianaris.
19 ACTING PRESIDENT CROCI: Senator
20 Gianaris.
21 SENATOR GIANARIS: Thank you,
22 Mr. President.
23 On behalf of Leader Stewart-Cousins,
24 I move that the following bills be discharged
25 from their respective committees and be
76
1 recommitted with instructions to strike the
2 enacting clause: Bill Numbers 2950 and 6688.
3 ACTING PRESIDENT CROCI: So
4 ordered.
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO: Now,
7 Mr. President, on behalf of Senator
8 Stewart-Cousins, I hand up the following Democrat
9 Conference committee assignments and ask that
10 such assignments be filed in the Journal.
11 ACTING PRESIDENT CROCI: So
12 ordered.
13 SENATOR DeFRANCISCO: I would like
14 to now call an immediate meeting of the Rules
15 Committee for Room 332.
16 ACTING PRESIDENT CROCI: There will
17 be an immediate meeting of the Rules Committee in
18 Room 332 of the Capitol.
19 The Senate will stand at ease.
20 (Whereupon, the Senate stood at ease
21 at 4:17 p.m.)
22 (Whereupon, the Senate reconvened at
23 4:43 p.m.)
24 ACTING PRESIDENT CROCI: The
25 session will come to order.
77
1 Senator DeFrancisco.
2 SENATOR DeFRANCISCO: Do you have
3 the calendar? May I have one?
4 There's a report at the desk from
5 the Rules Committee. Can we have the report
6 read, please.
7 ACTING PRESIDENT CROCI: The
8 Secretary will read.
9 THE SECRETARY: Senator Flanagan,
10 from the Committee on Rules, reports the
11 following bills:
12 Senate Print 365, by Senator Robach,
13 an act to amend the State Finance Law;
14 Senate 1207, by Senator Flanagan, an
15 act to amend Chapter 97 of the Laws of 2011;
16 Senate 7275, by Senator Helming, an
17 act to amend the General Municipal Law;
18 Senate 7276, by Senator Hamilton, an
19 act to amend a chapter of the Laws of 2017;
20 Senate 7277, by Senator Akshar, an
21 act to amend the Highway Law;
22 Senate 7278, by Senator Akshar, an
23 act to amend the Highway Law;
24 Senate 7279, by Senator Golden, an
25 act to amend the Not-for-Profit Corporation Law;
78
1 Senate 7280, by Senator Marcellino,
2 an act to amend the Education Law;
3 Senate 7281, by Senator Bailey, an
4 act to amend the Correction Law;
5 Senate 7282, by Senator Alcantara,
6 an act to amend the Social Services Law;
7 Senate 7283, by Senator Robach, an
8 act to amend the Workers' Compensation Law;
9 Senate 7284, by Senator Kavanagh, an
10 act to amend the Public Authorities Law;
11 Senate 7285, by Senator Golden, an
12 act to amend a chapter of the Laws of 2017;
13 Senate 7286, by Senator Hamilton, an
14 act to amend the Public Housing Law;
15 Senate 7287, by Senator Ritchie, an
16 act to amend the Tax Law;
17 Senate 7288, by Senator Seward, an
18 act to amend the Insurance Law;
19 Senate 7289, by Senator Croci, an
20 act to amend the Military Law;
21 Senate 7290, by Senator Hannon, an
22 act to amend a chapter of the Laws of 2017;
23 Senate 7291, by Senator Ortt, an act
24 to amend a chapter of the Laws of 2017;
25 Senate 7292, by Senator Peralta, an
79
1 act to amend a chapter of the Laws of 2017;
2 Senate 7293, by Senator Alcantara,
3 an act to amend the New York City Charter;
4 Senate 7294, by Senator Hamilton, an
5 act to amend a chapter of the Laws of 2017;
6 Senate 7295, by Senator Alcantara,
7 an act to amend the Public Health Law;
8 Senate 7296, by Senator Kavanagh,
9 an act to amend the Civil Service Law;
10 Senate 7297, by Senator LaValle, an
11 act to amend the Environmental Conservation Law;
12 Senate 7298, by Senator Carlucci, an
13 act to amend the State Administrative Procedure
14 Act;
15 Senate 7299, by Senator LaValle, an
16 act to amend the New York State Urban Development
17 Corporation Act;
18 Senate 7300, by Senator LaValle, an
19 act to repeal;
20 Senate 7301, by Senator Klein, an
21 act directing;
22 Senate 7302, by Senator Hamilton, an
23 act to amend a chapter of the Laws of 2017;
24 Senate 7303, by Senator Croci, an
25 act to amend a chapter of the Laws of 2017;
80
1 Senate 7304, by Senator Savino, an
2 act to amend the Executive Law;
3 Senate 7305, by Senator Gallivan, an
4 act to amend the Executive Law;
5 Senate 7306, by Senator Helming, an
6 act to amend the Vehicle and Traffic Law;
7 Senate 7307, by Senator Golden, an
8 act to amend the General Business Law;
9 Senate 7308, by Senator Funke, an
10 act to amend the State Technology Law;
11 Senate 7309, by Senator Alcantara,
12 an act to amend the Economic Development Law;
13 Senate 7310, by Senator Peralta, an
14 act to amend the General Business Law;
15 Senate 7311, by Senator Larkin, an
16 act to amend the Education Law;
17 Senate 7312, by Senator Avella, an
18 act to amend the Social Services Law;
19 Senate 7313, by Senator Kennedy, an
20 act to amend the Social Services Law;
21 Senate 7314, by Senator Croci, an
22 act to amend the Civil Service Law;
23 Senate 7315, by Senator Croci, an
24 act to amend the General Municipal Law;
25 Senate 7316, by Senator Little, an
81
1 act to repeal;
2 Senate 7317, by Senator Tedisco, an
3 act to amend the Agriculture and Markets Law;
4 Senate 7318, by Senator Griffo, an
5 act to amend the Public Service Law;
6 Senate 7319, by Senator Marchione,
7 an act to amend a chapter of the Laws of 2017;
8 Senate 7320, by Senator Flanagan, an
9 act to amend the Education Law;
10 Senate 7321, by Senator Griffo, an
11 act to amend the Public Authorities Law;
12 Senate 7322, by Senator Alcantara,
13 an act to amend the Mental Hygiene Law;
14 Senate 7323, by Senator Murphy, an
15 act to amend the Labor Law;
16 Senate 7324, by Senator Klein, an
17 act to amend the General Business Law;
18 Senate 7325, by Senator Phillips, an
19 act to amend the Labor Law;
20 Senate 7326, by Senator Hannon, an
21 act to amend Part E of Chapter 59 of the Laws of
22 2017;
23 Senate 7327, by Senator Hannon, an
24 act to amend the General Business Law;
25 Senate 7328, by Senator Ortt, an act
82
1 to amend the Social Services Law;
2 Senate 7329, by Senator Hannon, an
3 act to amend the Public Health Law;
4 Senate 7330, by Senator Serrano, an
5 act to amend Chapter 402 of the Laws of 2017;
6 Senate 7331, by Senator Golden, an
7 act to amend the Administrative Code of the City
8 of New York;
9 Senate 7332, by Senator Peralta, an
10 act to amend Chapter 450 of the Laws of 2017;
11 Senate 7333, by Senator Montgomery,
12 an act to amend the Executive Law;
13 And Senate 7334, by Senator Funke,
14 an act to amend the Economic Development Law.
15 All bills reported direct to third
16 reading.
17 ACTING PRESIDENT CROCI: Senator
18 DeFrancisco.
19 SENATOR DeFRANCISCO: Thank you. I
20 move to accept the report of the Rules Committee.
21 ACTING PRESIDENT CROCI: All in
22 favor of accepting the report of the Rules
23 Committee signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT CROCI: Opposed,
83
1 nay.
2 (No response.)
3 ACTING PRESIDENT CROCI: The report
4 is accepted.
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO: Thank you.
7 We're going to take up a few of the bills. I'm
8 going to read off the numbers, and then we'll do
9 it in order of number. Calendar Number 4, 15,
10 16, 21, 25, 29, 39, 44, 48 and 51.
11 So could we please call up Calendar
12 Number 4.
13 ACTING PRESIDENT CROCI: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number 4,
16 by Senator Hamilton, Senate Print 7276, an act to
17 amend a chapter of the Laws of 2017.
18 ACTING PRESIDENT CROCI: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the same date and in the
22 same manner as a chapter of the Laws of 2017.
23 ACTING PRESIDENT CROCI: Call the
24 roll.
25 (The Secretary called the roll.)
84
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT CROCI: The bill
3 is passed.
4 THE SECRETARY: Calendar Number 15,
5 by Senator Ritchie, Senate Print 7287, an act to
6 amend the Tax Law.
7 ACTING PRESIDENT CROCI: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT CROCI: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT CROCI: The bill
16 is passed.
17 THE SECRETARY: Calendar Number 16,
18 by Senator Seward, Senate Print 7288, an act to
19 amend the Insurance Law.
20 ACTING PRESIDENT CROCI: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the same date and in the
24 same manner as Chapter 490 of the Laws of 2017.
25 ACTING PRESIDENT CROCI: Call the
85
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT CROCI: The bill
5 is passed.
6 THE SECRETARY: Calendar Number 21,
7 by Senator Alcantara, Senate Print 7293, an act
8 to amend the New York City Charter.
9 ACTING PRESIDENT CROCI: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the same date and in the
13 same manner as a chapter of the Laws of 2017.
14 ACTING PRESIDENT CROCI: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT CROCI: The bill
19 is passed.
20 THE SECRETARY: Calendar Number 25,
21 by Senator LaValle, Senate Print 7297, an act to
22 amend the Environmental Conservation Law.
23 ACTING PRESIDENT CROCI: Read the
24 last section.
25 THE SECRETARY: Section 2. This
86
1 act shall take effect on the same date and in the
2 same manner as a chapter of the Laws of 2017.
3 ACTING PRESIDENT CROCI: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT CROCI: The bill
8 is passed.
9 THE SECRETARY: Calendar Number 29,
10 by Senator Klein, Senate Print 7301, an act
11 directing.
12 ACTING PRESIDENT CROCI: Read the
13 last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect immediately.
16 ACTING PRESIDENT CROCI: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT CROCI: The bill
21 is passed.
22 THE SECRETARY: Calendar Number 39,
23 by Senator Larkin, Senate Print 7311, an act to
24 amend the Education Law.
25 ACTING PRESIDENT CROCI: Read the
87
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the same date and in the
4 same manner as a chapter of the Laws of 2017.
5 ACTING PRESIDENT CROCI: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT CROCI: The bill
10 is passed.
11 THE SECRETARY: Calendar Number 44,
12 by Senator Little, Senate Print 7316, an act to
13 repeal.
14 ACTING PRESIDENT CROCI: Read the
15 last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect immediately.
18 ACTING PRESIDENT CROCI: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT CROCI: Senator
22 Sanders.
23 SENATOR SANDERS: Thank you,
24 Mr. President.
25 I'm trying to see if I understand
88
1 this one correctly. We are a nation where
2 property has generated the largest middle class
3 in the U.S. This bill as it -- this law that we
4 have now says that a person can save $5,000 a
5 year to buy a home. We're getting hit with
6 federal taxes that are going to change our whole
7 buying. Why are we attacking the middle class?
8 Why are we saying that we are not going to
9 support people buying a home in America?
10 What do we need to study? Do we
11 need to study that the middle class buys homes?
12 Do we need to study that? Do we need to study
13 that saves is a good idea so that you can
14 purchase a home? Do we need to study that
15 parents can help their children and save money
16 and buy a home?
17 Why on this planet would we go with
18 this? We voted for it last year. Now we're
19 saying, Wait a minute, it was a good thing last
20 year for the middle class, but it's not good this
21 year for the middle class.
22 Absolutely no. Thank you very much,
23 Mr. President.
24 ACTING PRESIDENT CROCI: Senator
25 Sanders will be recorded in the negative.
89
1 Senator Kaminsky.
2 SENATOR KAMINSKY: Thank you.
3 When we listen to -- Mr. President,
4 when we listened to the comments of the three
5 leaders before, we all talked about a crushing
6 tax burden that our citizens of this state face,
7 certainly only exacerbated by a new federal tax
8 bill that will take away precious deductions from
9 individuals, which is really taking money from
10 their pockets.
11 I talk to senior citizens in my
12 district who are petrified about not having the
13 income to make those additional payments, who are
14 afraid of not being able to sell their homes,
15 into which all their life savings are poured
16 into, as well as young people who are worried
17 they're going to have to move out of New York.
18 Last year we passed a wonderful
19 program that I was proud to have voted for that
20 would have allowed individuals to make
21 tax-deductible payments in support of a new home,
22 in tax-deductible accounts up to $5,000. It is a
23 mistake to repeal that here today. In fact, it
24 is the last thing that we should be doing when
25 the citizens of our state are trying to take up
90
1 any desperate measures they can in light of the
2 new federal tax bill that is headed right for
3 them.
4 We saw thousands of Long Islanders
5 line up to pay their bills early in light of the
6 fact that those deductions are going away. Here
7 was a $5,000 deduction for new homeowners. We
8 should not be repealing it. We should be
9 standing up for this program. We should be
10 having more such programs.
11 I vote in the negative. We ought to
12 be doing more for our middle class.
13 Thank you, Mr. President.
14 ACTING PRESIDENT CROCI: Senator
15 Kaminsky to be recorded in the negative.
16 Senator Brooks to explain his vote.
17 SENATOR BROOKS: Thank you,
18 Mr. President.
19 As we know, there have been many
20 significant changes made in our tax laws as a
21 result of the federal Tax and Jobs Act of 2017.
22 Homeownership in New York State has been an
23 objective of many of our residents, one that has
24 been very difficult for some to attain. These
25 new changes will make it difficult for some of
91
1 our homeowners to retain their home with the
2 change in the deductibility of these expenses.
3 The legislation we passed last year
4 was an aid to let some of those who don't have a
5 home today save for the funds needed to purchase
6 this home. This act, coupled with the federal
7 tax act, makes it difficult if not impossible for
8 many of those in this state who do not own a home
9 today to get into a home.
10 I am voting no on this legislation.
11 ACTING PRESIDENT CROCI: Senator
12 Brooks to be recorded in the negative.
13 Senator Kennedy. Nope, Senator
14 Kennedy? Senator Bailey.
15 SENATOR KENNEDY: I'll say a few
16 words.
17 (Laughter.)
18 SENATOR KENNEDY: Although I was
19 not planning on it, Mr. President.
20 Mr. President, I am never --
21 (Laughter.)
22 ACTING PRESIDENT CROCI: Do not
23 feel compelled, Senator Kennedy.
24 Senator Kennedy to explain his vote.
25 SENATOR KENNEDY: Sure, I'd love to
92
1 explain my vote.
2 This bill, I think, in the spirit of
3 what we passed last year and was signed into law
4 by the Governor, unfortunately goes backwards.
5 This is something that helps middle-class
6 families, helps middle-class New Yorkers, sets a
7 precedent.
8 And quite frankly, as my colleagues
9 have mentioned, in listening to the leaders and
10 the opening statements, what we're seeing coming
11 out of Washington and the increased tax burden
12 that is going to be felt across this state,
13 something that both sides of the aisle agree with
14 and have recognized to give relief to new
15 homeowners middle-class families -- it's not only
16 the right thing to do, but it's the right time to
17 do it. And to roll that backwards I think is
18 unfortunately misguided.
19 So I am voting no on this bill.
20 Thank you, Mr. President.
21 ACTING PRESIDENT CROCI: Senator
22 Kennedy to be recorded in the negative.
23 Senator Bailey.
24 SENATOR BAILEY: Thank you,
25 Mr. President. I will be brief.
93
1 In a day and era where we talk about
2 bipartisanship being lost, this great piece of
3 legislation last year was passed in a nearly
4 unanimous, I believe, bipartisan fashion, and it
5 really did -- it was aimed to assist the middle
6 class. And if you come to many of our districts,
7 our home districts, one of the major issues that
8 is facing our constituents, from a rental
9 perspective as well as a buying perspective, is
10 housing.
11 So why we would do something which
12 is essentially so regressive towards people who
13 need housing the most is beyond me, and I just
14 vote in the negative on this bill.
15 Thank you, Mr. President.
16 ACTING PRESIDENT CROCI: Senator
17 Bailey to be recorded in the negative.
18 Senator Gianaris to close.
19 SENATOR GIANARIS: Thank you,
20 Mr. President.
21 I don't want to be too redundant in
22 what my colleagues are saying, but this vote is
23 shocking to many of us because -- I just want to
24 be clear for everyone in this chamber what this
25 bill does.
94
1 At a time when New York, we all can
2 agree, is facing the brunt of the federal tax
3 changes, you are voting to repeal an up to
4 $10,000 deduction for first-time homeowners. So
5 when we sit here and we make all these glorious
6 speeches to start the session about how we care
7 about the middle class and we want to reduce the
8 cost of living, we want to help them reduce their
9 tax burden, you are right now voting to repeal an
10 up to $10,000 tax deduction for first-time
11 homeowners in New York State. Congratulations.
12 I'll be voting no.
13 ACTING PRESIDENT CROCI: Senator
14 Gianaris will be recorded in the negative.
15 Senator DeFrancisco.
16 SENATOR DeFRANCISCO: You know, I
17 understand the opposition to this bill, but I
18 just want to remind everyone that buying a house
19 and giving a tax credit of $5,000 may be a
20 wonderful benefit, as many of the no votes have
21 said. However, maintaining the house by paying
22 our high taxes and the cost of holding a home in
23 the State of New York is much more significant.
24 So I'm just calling on people that
25 when we start voting for additional stuff from
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1 the budget and additional benefits that's going
2 to cost that same homeowner that they're
3 lamenting on right now, we use a little fiscal
4 restraint and think of them at that time as well.
5 I vote aye. Thank you.
6 ACTING PRESIDENT CROCI: Senator
7 DeFrancisco will be recorded in the affirmative.
8 Senator Little to explain her vote.
9 SENATOR LITTLE: Thank you,
10 Mr. President.
11 And to all my colleagues here, I
12 agree with you. We had hoped to have this bill
13 passed; it was passed by both houses. The
14 department and administration had concerns about
15 the implementation of the bill and the cost of
16 the bill. And there were two choices, a veto or
17 a study.
18 So we agreed to a study for a
19 chapter amendment to look at how we would
20 implement the bill. There are issues in the
21 529 college program that we had modeled this at
22 that make it very easy to make a contribution to
23 the 529, and it doesn't have to stay there very
24 long and then you can go ahead and get that
25 deduction.
96
1 So we're looking at it. At first
2 they talked about a one-year study. We got the
3 administration to agree to a six-month study,
4 which we will have to have in June. And we will
5 stay on top of that, because I think this bill --
6 I was a former realtor. And really right now
7 with what the federal government is doing with
8 our property taxes not being totally deductible,
9 I think we're going to have a problem with
10 homeownership.
11 So this would help people for their
12 first-time home purchase, to have a savings
13 account, tax-deductible up to $100,000. We're
14 just looking at how to implement it better. And
15 we didn't have some of the issues that the
16 administration was concerned about in the bill.
17 So I'm not giving up on it. I think
18 it is a good idea. I think it's very necessary.
19 And hopefully we'll work with the study -- we got
20 them to agree to a six-month study, not a
21 one-year study, and we'll be back next session
22 with a bill that I believe we can all pass and
23 institute as soon as possible.
24 So thank you very much. I vote aye.
25 ACTING PRESIDENT CROCI: Senator
97
1 Little to be recorded in the affirmative.
2 May we please have another show of
3 hands for all those in the negative on this.
4 Thank you.
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar 44, those recorded in the negative are
8 Senators Addabbo, Alcantara, Amedore, Avella,
9 Bailey, Benjamin, Brooks, Carlucci, Comrie,
10 Dilan, Gianaris, Hamilton, Hoylman, Kaminsky,
11 Kavanagh, Kennedy, Krueger, Montgomery, Parker,
12 Peralta, Persaud, Phillips, Rivera, Sanders,
13 Serrano, Stavisky and Stewart-Cousins.
14 Ayes, 34. Nays, 27.
15 ACTING PRESIDENT CROCI: The bill
16 is passed.
17 THE SECRETARY: Calendar Number 48,
18 by Senator Flanagan, Senate Print 7320, an act to
19 amend the Education Law.
20 ACTING PRESIDENT CROCI: Read the
21 last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect immediately.
24 ACTING PRESIDENT CROCI: Call the
25 roll.
98
1 (The Secretary called the roll.)
2 ACTING PRESIDENT CROCI: Senator
3 Stavisky to explain her vote.
4 SENATOR STAVISKY: Thank you,
5 Mr. President.
6 I just think this is a terrific
7 idea, the B.S., the Bachelor of Science degree in
8 nursing in 10 years.
9 I just hope that the State Education
10 Department is able to handle the licensure,
11 because there have been problems in the past
12 where in some cases -- not all, but in a few
13 cases -- licensure was delayed, in one case that
14 I know of beyond a year.
15 So with that caveat, Mr. President,
16 I vote aye.
17 ACTING PRESIDENT CROCI: Senator
18 Stavisky to be recorded in the affirmative.
19 Announce the result.
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT CROCI: The bill
22 is passed.
23 THE SECRETARY: Calendar Number 51,
24 by Senator Murphy, Senate Print 7323, an act to
25 amend the Labor Law.
99
1 ACTING PRESIDENT CROCI: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the same date and in the
5 same manner as a chapter of the Laws of 2017.
6 ACTING PRESIDENT CROCI: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT CROCI: The bill
11 is passed.
12 Senator DeFrancisco.
13 SENATOR DeFRANCISCO: Yes, a point
14 of information. Senator LaValle currently has
15 SUNY Chancellor Johnson in his office, that's
16 Room 806 of the LOB, for a meet and greet. Any
17 Senator that's interested in meeting and
18 greeting, that's where the meeting will be,
19 Room 806 of the LOB.
20 Secondly, Senator Hamilton has a
21 brief introduction of guests, and then we will be
22 adjourning.
23 Senator Hamilton.
24 ACTING PRESIDENT CROCI: Senator
25 Hamilton.
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1 SENATOR HAMILTON: Thank you,
2 Senator DeFrancisco.
3 I just want to say to my district,
4 to my Asian brothers and sisters, ni hao, ni hao
5 ma, and thank you for coming here today. These
6 are all small business owners coming from
7 Sunset Park. They're in Albany today to see us
8 in the Senate.
9 And also to a young man who is
10 extraordinary, that's Michael -- where is Michael
11 at -- who is going to Harvard University. Stand
12 up, Michael. Congratulations.
13 (Applause.)
14 SENATOR HAMILTON: Xie xie, and
15 thank you for coming.
16 ACTING PRESIDENT CROCI: To all of
17 our guests in the gallery, we thank you for
18 honoring this chamber with your presence today,
19 and we wish you all the privileges and courtesies
20 of the house.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: Is there any
23 further business at the desk?
24 ACTING PRESIDENT CROCI: There is
25 no further business before the desk.
101
1 SENATOR DeFRANCISCO: That being
2 the case, I move to adjourn until Tuesday,
3 January 9, at 11:00 a.m.
4 ACTING PRESIDENT CROCI: On motion,
5 the Senate stands adjourned until Tuesday,
6 January 9th, at 11:00 a.m.
7 (Whereupon, at 5:05 p.m., the Senate
8 adjourned.)
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